B-72904, OCT. 25, 1961

B-72904: Oct 25, 1961

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USCG: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 31. YOUR CLAIM WAS DENIED BY LETTER DATED MARCH 30. FOR THE REASON THAT NO PROVISION OF LAW WAS FOUND WHICH WOULD AUTHORIZE SUCH SERVICES. THE FORMER LIGHTHOUSE SERVICE WAS CONSOLIDATED WITH AND MADE A PART OF THE COAST GUARD. AMENDED SECTION 6 OF THE 1939 LAW TO PROVIDE THAT SUCH PERSONNEL ARE ENTITLED TO INCLUDE "ALL SERVICE OF SUCH PERSON IN THE LIGHTHOUSE SERVICE" IN COMPUTING LONGEVITY FOR THE PURPOSE OF PAY IN THE COAST GUARD. THE RIGHTS ESTABLISHED IN THAT RESPECT BY THE 1939 AND 1948 ACTS WERE CONTINUED IN EFFECT BY SECTION 518 OF THE CAREER COMPENSATION ACT OF 1949. SINCE THE 1948 ACT AUTHORIZED THE CREDITING OF SERVICE IN THE LIGHTHOUSE SERVICE ONLY AND THE INFORMATION FURNISHED SHOWS THAT YOU WERE NOT IN THE LIGHTHOUSE SERVICE DURING THE PERIOD COVERED BY YOUR CLAIM.

B-72904, OCT. 25, 1961

TO CAPTAIN CLARENCE N. DANIEL, USCG:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 31, 1961, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR ADDITIONAL CREDITABLE SERVICE IN THE UNITED STATES COAST GUARD, FOR LONGEVITY PAY PURPOSES, FOR CIVILIAN SERVICE IN THE FIELD SERVICE OF THE CORPS OF ENGINEERS, UNITED STATES ARMY, FROM JULY 16, 1931, TO JULY 31, 1938.

YOUR CLAIM WAS DENIED BY LETTER DATED MARCH 30, 1960, OF OUR CLAIMS DIVISION, FOR THE REASON THAT NO PROVISION OF LAW WAS FOUND WHICH WOULD AUTHORIZE SUCH SERVICES--- IN A CIVILIAN CAPACITY IN THE CORPS OF ENGINEERS--- TO BE COUNTED FOR LONGEVITY PAY PURPOSES IN THE UNITED STATES COAST GUARD.

BY THE ACT OF AUGUST 5, 1939, 53 STAT. 1216, THE FORMER LIGHTHOUSE SERVICE WAS CONSOLIDATED WITH AND MADE A PART OF THE COAST GUARD. SECTION 6 PROVIDED THAT IN COMPUTING LENGTH OF SERVICE FOR THE PURPOSE OF RETIREMENT IN THE COAST GUARD, OF ANY PERSON COMMISSIONED, APPOINTED, OR ENLISTED UNDER THE PROVISIONS OF THAT ACT THERE SHOULD BE INCLUDED ALL SERVICE COMPUTABLE FOR RETIREMENT UNDER THE PROVISIONS OF SECTION 6 OF THE ACT OF JUNE 20, 1918, 40 STAT. 608, AS AMENDED AND SUPPLEMENTED. THE ACT OF JUNE 24, 1948, 62 STAT. 644, 14 U.S.C. 180 (SUPP. II, 1946 EDITION), AMENDED SECTION 6 OF THE 1939 LAW TO PROVIDE THAT SUCH PERSONNEL ARE ENTITLED TO INCLUDE "ALL SERVICE OF SUCH PERSON IN THE LIGHTHOUSE SERVICE" IN COMPUTING LONGEVITY FOR THE PURPOSE OF PAY IN THE COAST GUARD. THE RIGHTS ESTABLISHED IN THAT RESPECT BY THE 1939 AND 1948 ACTS WERE CONTINUED IN EFFECT BY SECTION 518 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 834, 37 U.S.C. 317.

SINCE THE 1948 ACT AUTHORIZED THE CREDITING OF SERVICE IN THE LIGHTHOUSE SERVICE ONLY AND THE INFORMATION FURNISHED SHOWS THAT YOU WERE NOT IN THE LIGHTHOUSE SERVICE DURING THE PERIOD COVERED BY YOUR CLAIM, YOU HAVE NOT MET THE REQUIREMENTS OF THE STATUTES AND THERE IS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM.